Can I be charged for selling an item I recieved as payment for services, that were not completed

UPDATED: Oct 1, 2022

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Can I be charged for selling an item I recieved as payment for services, that were not completed

I sold a used computer that I recieved for services to be performed. I ended up getting sick, and had some family issues, so I didn’t get to it. They got someone else, wanted the computer back, and I can’t locate the person I sold it too. I have made an offer to replace the computer

Asked on January 13, 2019 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can demonstrate (if needed), such as with emails or text messages, that you offered to pay for or replace the computer, then it is not likely you'd face charges. Criminal charges require a criminal "mens rea," or intent or state of mind. If you showed that you were willing to pay for or replace the computer, you can show that you did not have a criminal intent, but rather that this was at most a "civil" (i.e. non-criminal) disagreement over your entitlement to the machine under the circumstances.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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